81 FR 14193 - Hours of Service of Drivers: Specialized Carriers & Rigging Association; Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range		14193-14195
FR Document		2016-05902

FMCSA announces that it has received an application from the Specialized Carriers & Rigging Association (SC&RA) seeking exemption from two provisions of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. SC&RA asks that motor carriers and drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons be exempted from the 30-minute break requirement and the 14-hour rule. SC&RA believes that these two HOS rules uniquely affect the operational efficiency of these crane operations and unnecessarily place the driver and public at risk. FMCSA requests public comment on SC&RA's application for exemption.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14193-14195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05902]


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DEPARTMENT OF TRANSPORATION

Federal Motor Carrier Safety Administration

[FMCSA-2016-0096]


Hours of Service of Drivers: Specialized Carriers & Rigging 
Association; Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has received an application from the 
Specialized Carriers & Rigging Association (SC&RA) seeking exemption 
from two provisions of the Agency's hours-of-service (HOS) regulations 
for commercial motor vehicle (CMV) drivers. SC&RA asks that motor 
carriers and drivers operating mobile cranes with a rated lifting 
capacity of greater than 30 tons be exempted from the 30-minute break 
requirement and the 14-hour rule. SC&RA believes that these two HOS 
rules uniquely affect the operational efficiency of these crane 
operations and unnecessarily place the

[[Page 14194]]

driver and public at risk. FMCSA requests public comment on SC&RA's 
application for exemption.

DATES: Comments must be received on or before April 15, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2016-0096 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Robert Schultz, FMCSA Driver and Carrier Operations 
Division; Office of Carrier, Driver and Vehicle Safety Standards; 
Telephone: 202-366-2718. Email: [email protected]. If you have questions on 
viewing or submitting material to the docket, contact Docket Services, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2016-0096), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2016-0096'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption

    On December 27, 2011 (76 FR 81133), FMCSA published a final rule 
amending its hours-of-service (HOS) regulations for drivers of 
property-carrying CMVs. The new rule included a provision requiring 
many drivers to take a rest break during the workday. Generally, if 8 
hours have passed since the end of the driver's last off-duty or 
sleeper-berth period of at least 30 minutes, the driver may not operate 
a CMV until he or she takes at least 30 minutes off duty (49 CFR 
395.3(a)(3)(ii)). FMCSA did not specify when drivers must take the 30-
minute break. The HOS rules also limit drivers of property-carrying 
CMVs to a 14-hour driving window each duty day (49 CFR 395.3(a)(2)). 
The window begins when the driver comes on duty following at least 10 
consecutive hours off duty. After the 14th consecutive hour from that 
point, the driver cannot operate a CMV until he or she obtains at least 
10 consecutive hours off duty. The requirements of the HOS rules apply 
to drivers of CMVs in interstate commerce and to their motor carrier 
employers who direct the drivers to operate the CMVs.
    On June 18, 2015 (80 FR 34957), FMCSA granted SC&RA an exemption 
from the 30-minute rest-break requirement for its members when 
transporting loads that exceed certain vehicle weight and size limits 
and therefore require a permit issued by a governmental authority. The 
Agency granted this exemption for the maximum period of two years 
permitted by the FMCSRs (Sec.  381.300(b)). Subsequently, section 
5206(a)(3) of the ``Fixing America's Surface Transportation Act'' (FAST 
Act) [Pub. L. 114-94, 129 Stat. 1312], effective October 1, 2015, gave 
the Agency authority to grant HOS exemptions for up to 5 years. Section 
5206(b)(2)(A) also provides that any exemption from 49 CFR part 395 
that was in effect on the date of enactment of the FAST Act is valid 
for 5 years from the date of the original exemption. The 30-minute 
exemption granted on June 18, 2015, is therefore valid until June 18, 
2020. SC&RA advises that the broader exemption now being requested is 
needed because mobile cranes do not always require oversize/overweight 
permits, but the drivers encounter HOS problems nevertheless.

[[Page 14195]]

    SC&RA advises that there are approximately 85,000 trained and 
certified mobile crane operators in the United States, and, of these, 
approximately 65,000 operate cranes over 30 tons lifting capacity.
    SC&RA seeks an exemption from the 14-hour rule and the requirement 
for a 30-minute break for drivers operating mobile cranes with a rated 
lifting capacity of greater than 30 tons. It asks that the exemptions 
be for a period of 5 years. SC&RA asserts that these two HOS rules 
frequently compel drivers of these cranes to stop driving and park the 
crane to avoid violating their terms. SC&RA states that complications 
arise at this point because the availability of parking for CMVs is 
very limited. SC&RA cites data indicating that there is a shortage of 
parking places for CMVs in the United States and notes ongoing Federal 
and State efforts to address this problem. Parking for cranes is even 
more limited because of the dimensions of these vehicles. SC&RA asserts 
that compliance with the two HOS rules often results in cranes being 
parked on the shoulder of public roads. SC&RA states the width of some 
cranes is such that they can only be parked partially on the shoulder 
and partially on a travel lane.
    SC&RA describes the unpredictable nature of the typical workday 
when a crane is fixed in place for lifting at a worksite. The applicant 
lists a number of variables that can complicate the scheduling of crane 
operations, including delays waiting for the item to be lifted to 
arrive at the work site or to be rigged so that the crane can lift it. 
Unexpected inclement weather can also trigger delays. SC&RA asserts 
that the primary result is that the workday may be unexpectedly 
extended. Thus, timing a crane's movement from the worksite and onto 
public roads at the end of the day is highly problematic. SC&RA points 
out that State and local restrictions limit the hours of the day, and 
sometimes the days of the week, that cranes may move on public roads. 
In addition, movement of cranes may require a pilot car, the display of 
signs and lights, and even an escort vehicle provided by state or local 
police. Movement of cranes is normally at speeds much slower than the 
posted speed limit, and is highly susceptible to weather and traffic 
conditions. SC&RA asserts that the two HOS rules from which it seeks 
exemption--the 30-minute-break and 14-hour rules--become most 
burdensome at this point. However, SC&RA acknowledges that crane 
operators cross State lines on less than 5 percent of their trips.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    SC&RA does not foresee any negative impact to safety from the 
requested exemption. It believes that granting the exemption would have 
a favorable impact on overall safety by reducing the frequency of 
cranes being parked along public roads. It points out that its members 
generally drive a crane less than 2 hours a day. SC&RA states that its 
crane drivers have a low crash rate, and it attached copies of its 
driver training and safety manuals to the application for exemption. 
Copies of these documents are available for review in the docket for 
this notice.

    Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05902 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices 14195

SC&RA advises that there are IV. Method To Ensure an Equivalent or a roadside inspection based on criteria
approximately 85,000 trained and Greater Level of Safety published by the Commercial Motor
certified mobile crane operators in the SC&RA does not foresee any negative Vehicle Safety Alliance (CVSA) to
United States, and, of these, impact to safety from the requested comply with the periodic inspection
approximately 65,000 operate cranes exemption. It believes that granting the requirements at 49 CFR part 396.
over 30 tons lifting capacity. exemption would have a favorable DATES: This action is effective March 16,
SC&RA seeks an exemption from the impact on overall safety by reducing the 2016. NOM–68 inspection decals issued
14-hour rule and the requirement for a frequency of cranes being parked along on or after October 1, 2015, will be
30-minute break for drivers operating public roads. It points out that its accepted as proof of a periodic during
mobile cranes with a rated lifting members generally drive a crane less roadside inspections and investigations
capacity of greater than 30 tons. It asks than 2 hours a day. SC&RA states that conducted on or after March 16, 2016.
that the exemptions be for a period of its crane drivers have a low crash rate, FOR FURTHER INFORMATION CONTACT: Mr.
5 years. SC&RA asserts that these two and it attached copies of its driver Marcelo Perez, North American Borders
HOS rules frequently compel drivers of training and safety manuals to the Division, MC–ESB, (512) 916–5440,
these cranes to stop driving and park the application for exemption. Copies of Federal Motor Carrier Safety
crane to avoid violating their terms. these documents are available for Administration, 903 San Jacinto Blvd.,
SC&RA states that complications arise at review in the docket for this notice. Suite 1100, Austin, TX 78701. Office
this point because the availability of Issued on: March 10, 2016. hours are from 7:45 a.m. to 4:15 p.m.,
parking for CMVs is very limited. Larry W. Minor, CDT, Monday through Friday, except
SC&RA cites data indicating that there Federal holidays.
Associate Administrator for Policy.
is a shortage of parking places for CMVs SUPPLEMENTARY INFORMATION:
[FR Doc. 2016–05902 Filed 3–15–16; 8:45 am]
in the United States and notes ongoing
Federal and State efforts to address this BILLING CODE 4910–EX–P Background
problem. Parking for cranes is even Section 210 of the Motor Carrier
more limited because of the dimensions Safety Act of 1984 (49 U.S.C. 31142)
DEPARTMENT OF TRANSPORTATION
of these vehicles. SC&RA asserts that (the Act) requires the Secretary of
compliance with the two HOS rules Federal Motor Carrier Safety Transportation to prescribe standards
often results in cranes being parked on Administration for annual or more frequent inspection
the shoulder of public roads. SC&RA of CMVs unless the Secretary finds that
states the width of some cranes is such Inspection, Repair, and Maintenance; another inspection system is as effective
that they can only be parked partially on Periodic Inspection of Commercial as an annual or more frequent
the shoulder and partially on a travel Motor Vehicles; Acceptance of inspection. On December 7, 1988, in
lane. Mexico’s NOM–068–SCT–2–2014 response to the Act, the Federal
SC&RA describes the unpredictable Inspection Program Highway Administration (FHWA), the
nature of the typical workday when a AGENCY: Federal Motor Carrier Safety agency within the Department of
crane is fixed in place for lifting at a Administration (FMCSA), DOT. Transportation responsible for motor
worksite. The applicant lists a number carrier safety until 1999, published a
ACTION: Notice on periodic inspection
of variables that can complicate the final rule amending 49 CFR part 396 of
programs.
scheduling of crane operations, the FMCSRs (53 FR 49402). The final
including delays waiting for the item to SUMMARY: The FMCSA announces its rule required CMVs operated in
be lifted to arrive at the work site or to acceptance of the Norma Oficial interstate commerce to be inspected at
be rigged so that the crane can lift it. Mexicana ((NOM) or Official Mexican least once a year. The inspection was to
Unexpected inclement weather can also Standard) concerning the periodic be based on Federal inspection
trigger delays. SC&RA asserts that the inspection (PI) of commercial motor standards, or a State inspection program
primary result is that the workday may vehicles (CMVs). The Agency has determined by the FHWA, FMCSA’s
be unexpectedly extended. Thus, timing reviewed NOM–068–SCT–2–2014 predecessor agency, to be comparable
a crane’s movement from the worksite (NOM 68) and determined that it should to, or as effective as, the Federal
and onto public roads at the end of the be added to the list of programs which standards. Accordingly, if FHWA
day is highly problematic. SC&RA are comparable to, or as effective as, the decided that a State’s PI program was
points out that State and local Federal PI requirements contained in comparable to, or as effective as, the
restrictions limit the hours of the day, the Federal Motor Carrier Safety requirements of part 396, then the motor
and sometimes the days of the week, Regulations (FMCSRs). FMCSA’s carrier had to ensure that all of its CMVs
that cranes may move on public roads. acceptance of NOM 68 means that which are required by that State to be
In addition, movement of cranes may Mexico-domiciled motor carriers inspected through the State’s inspection
require a pilot car, the display of signs operating in the United States must program were inspected. If a State did
and lights, and even an escort vehicle ensure that their CMVs are inspected not have such a program, the motor
provided by state or local police. annually as required by the Secretarı́a carrier was responsible for ensuring its
Movement of cranes is normally at de Comunicaciones y Transportes CMVs are inspected using one of the
speeds much slower than the posted (SCT). The motor carrier must retain a alternatives included in the final rule.
speed limit, and is highly susceptible to copy of the inspection report and a On March 16, 1989, the FHWA
mstockstill on DSK4VPTVN1PROD with NOTICES

weather and traffic conditions. SC&RA sticker/decal must be affixed to the published a notice in the Federal
asserts that the two HOS rules from vehicle in order to satisfy the PI Register that requested States and other
which it seeks exemption—the 30- requirements in the United States. interested parties to identify and
minute-break and 14-hour rules— These motor carriers will no longer have provide information on the CMV
become most burdensome at this point. the option of relying on their employees inspection programs in their respective
However, SC&RA acknowledges that to conduct inspections of the CMVs the jurisdictions (54 FR 11020). Upon
crane operators cross State lines on less carrier controls, using commercial review of the information submitted, the
than 5 percent of their trips. garages for such inspections, or passing FHWA published a list of State

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Document Created: 2016-03-15 23:44:09
Document Modified: 2016-03-15 23:44:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of application for exemption; request for comments.
Dates		Comments must be received on or before April 15, 2016.
Contact		For information concerning this notice, contact Mr. Robert Schultz, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-2718. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		81 FR 14193

81 FR 14193 - Hours of Service of Drivers: Specialized Carriers & Rigging Association; Application for Exemption

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration